H.R. 5823 — Watershed Protection and Forest Recovery Act of 2025

This section limits the 25% set-aside for fencing repair or replacement—from all funds available under 16 U.S.C. 2204(a)—to only those amounts available to carry out section 401 (i.e., the Emergency Conservation Program, which assists owners and operators of agricultural lands damaged by natural disasters with emergency conservation practices). It also establishes a new Emergency Forest Watershed Program under section 408 of the Agricultural Credit Act of 1978. The program authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service and sponsors (i.e., state or local governments, Indian tribes, or water districts), to undertake emergency watershed protection measures on National Forest System lands. Such measures address runoff, soil erosion, and flood risks from natural disasters that impair forest resources and threaten downstream life, property, or water. (Thus, the Secretary may enter agreements for expeditious implementation, with projects completed within two years of the disaster, optional three-year monitoring, partial payments during implementation, final payment within 30 days of completion, waived matching funds, and liability protections for sponsors except in cases of willful negligence; pre-agreement actions by sponsors are at their own risk. The Chief of the Natural Resources Conservation Service must coordinate with uses of funds under section 403 (i.e., the Emergency Watershed Protection Program), and measures qualify for a Forest Service categorical exclusion from full NEPA analysis.)